아동ㆍ청소년의성보호에관한법률위반(강간)등
Defendant
In addition, appeal by the person who requested probation order is dismissed.
The summary of the grounds for appeal (unfair punishment) that the court below sentenced to the defendant and the person who requested probation order (hereinafter referred to as the "defendant") (eight years of imprisonment") is too unreasonable.
Judgment
The defendant in the part of the defendant's case reflects the confession of each of the crimes of this case, and has no record of criminal punishment before.
However, in order to solve his sexual desire, the Defendant committed an anti-humanistic crime which repeatedly rapes for 13 years from the death of a female victim.
As a result, the age victims suffered from extreme mental impulse and pain, and are likely to have adverse effects on sexual identity and values that should be formed at this time.
Until the trial of the case, the victim has not expressed his intention to not punish the defendant.
In addition, comprehensively taking account of the Defendant’s age, character and conduct, environment, family relationship, various sentencing conditions indicated in the records, such as the background and motive of the instant crime, circumstances after the instant crime, and the scope of recommended sentencing guidelines for the enactment of the sentencing guidelines by the Supreme Court, the lower court’s sentence cannot be deemed unreasonable.
The defendant's ground of appeal on this part is without merit.
When the defendant has lodged an appeal against the accused case, the part of the case of probation order claim is deemed to have appealed against the case of the request for probation order under Articles 21-8 and 9 (8) of the Act on the Probation and Electronic Monitoring, etc. of Specific Criminal Offenders.
However, the defendant did not submit the reason for appeal against the probation order, and there is no reason to reverse the judgment of the court below ex officio even after examining the judgment below.
In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act and Article 35 of the Act on Probation and Electronic Monitoring, etc. of Specific Criminal Offenders, since there is no reason to appeal by the defendant. It is so decided
However, the court below held.